Overview of premises liability claims

Charlotte area residents who go shopping, visit an attraction or recreational area or even go to a person’s private land have every right to expect that they will be safe when they do so.

Unfortunately, this expectation is not always met, and North Carolina residents can and do get hurt, oftentimes seriously, while they are on the property of a private citizen, a business or a public institution.

Should a person get injured while visiting the property of another person or business, they may be able to file a personal injury claim in order to get compensation for things like medical expenses and lost wages.

They may also ask for, and receive, compensation for so-called non-economic losses, that is, things that are real injuries but are just hard to put a precise dollar figure on. Pain and suffering is an example of a non-economic loss.

The legal theory under which an injured victim can file suit is called premises liability. To give an overview, the law requires that landowners take steps to protect invited guests and those who otherwise have permission to be on the property from harm. Landowners have a much lower level of responsibility to those who are trespassing on their land.

If a landowner fails in its obligation, and an accident results, then the victim can get compensation for his or her losses.

Although it might be common sense that landowners need to keep their property safe for others, premises liability is actually a complicated legal concept that has been the subject of several close court cases both in North Carolina and elsewhere. Detailed questions about premises liability should be directed to an experienced personal injury attorney.